New draft code of practice for roles and responsibilities in residential construction
A new draft code of practice for residential construction is in the works – get set to have your say.
This month, the Kiwi construction industry will be asked for its input into a new draft code of practice for residential construction.
Consultation will open from 20 April and run through to 10 May on the plans being drafted by WorkSafe to help construction businesses minimise the risks of harm.
The draft will set out expectations under the Health and Safety at Work Act 2015 (HSWA), ‘helping businesses reduce harm and confidently meet their legal duties’, says WorkSafe. Following consultation and submission for approval by the Minister for Workplace Relations and Safety, the ‘Approved code of practice for roles and responsibilities in residential construction’ will then be issued.
Outcomes WorksSafe is aiming for include making it easier for businesses to:
- reduce preventable harm by clarifying roles and responsibilities and expected practices for everyday scenarios
- have some certainty about ‘what good looks like’ under HSWA
- support safer, more confident decision making in this high-risk sector
This is in line with WorkSafe’s strategic direction set out in WorkSafe’s 2025–2029 Statement of Intent, focusing on educating and engaging businesses.
Definition of an Approved Code Of Practice
An ACOP sets out standards for how duty holders can comply with the Health and Safety at Work Act 2015 and its regulations. They differ from other types of HSWA guidance in three ways:
- An ACOP can be used as evidence of whether or not a duty or obligation under HSWA has been complied with.
- WorkSafe ACOPs are approved by the Minister for Workplace Relations and Safety.
- Developing ACOPs must include consultation with people affected.
ACOPs aren’t mandatory
It isn’t mandatory to follow an ACOP, but it sets a standard for compliance. You can meet your duty another way as long as it is equivalent or better than the standard set out in the ACOP.
Why WorkSafe is developing this ACOP
Construction is high risk
Residential construction has a high:
- volume of activity in the wider construction industry
- rate of injuries, including body stressing, slips, trips and falls, falls from height, and incidents involving tools
Clarity on roles and responsibilities is needed
Most of the residential sector is made up of small-to-medium operators, who typically:
- don’t have in-house health and safety specialists
- sometimes assume another party is responsible for managing risks
- report uncertainty about shared work arrangements where multiple parties have health and safety duties in relation to the same matter
Younger workers and migrant workers, who are common in the sector, are especially vulnerable when expectations aren’t clear.
Ministerial directive for change
Through Workplace Relations and Safety Minister the Hon Brooke van Velden’s 2024 public consultation and our industry survey, the sector expressed strong support for clear practices written in plain language.
In mid-2025, the Minister confirmed that we would develop an ACOP focused on clarifying roles and responsibilities in construction, with a specific focus on the residential sector.
Clearer rules and prequalification guidance to support construction | Beehive.govt.nz.
This new ACOP aims to make it easier for everyone to:
- understand what good health and safety practices look like
- reduce confusion about shared work arrangements
- help prevent harm on site
Timeline
The aim is for WorkSafe to provide the completed draft code of practice to the Minister for consideration for approval by 30 June 2026. This will follow drafting, testing, and public consultation phases.
ACOP scope
WorkSafe says the ACOP will focus on roles and responsibilities in residential construction. It will apply to construction businesses including specialist trades that work on the sites. For example, plumbers, electricians, and roofers.
It will address health and safety responsibilities under HSWA, focusing on shared work arrangements where more than one person or business has health and safety duties in relation to the same matter.
It says it is also adding clarity to homeowners on what their duties are if they are building or renovating a house.
A collaborative approach
WorkSafe is engaging with a broad cross-section of stakeholders ‘to ensure this ACOP reflects the practical realities of the industry’. It says builders, other tradespersons and industry bodies will engage in workshops, testing and consultation, to ensure that the draft code of practice reflects everyday site scenarios in the residential construction sector. WorkSafe subject matter experts will be working across all these groups.
WorkSafe says it appreciates the strong sector interest from those wanting to participate in these groups. However, at this stage, says,
Public consultation is planned 20 April – 10 May 2026.
WorkSafe says it will consider all feedback before the draft code of practice is revised, finalised and given to the Minister to be considered for approval by 30 June 2026.
